Howland v. Marvin

California Supreme Court Jul 1, 1855Published

Before: Heydenfeldt

AI Brief

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Holding. A covenant not to sue for a limited period of time does not bar an action on the underlying debt, but rather leaves the defendant to seek a separate remedy for breach of the covenant.

Issues

Whether a covenant not to sue for five years constitutes a bar to an action on the debt.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“The covenant relied upon by the defense, is only a covenant not to sue for five years.”

Synopsis

A covenant not to sue for five years, is no bar to the action, but the defendant must rely upon the covenant for his remedy.

Heydenfeldt, J, delivered the opinion of the Court. Murray, C. J., concurred.

The covenant relied upon by the defense, is only a covenant not to sue for five years.

In such cases it has been uniformly decided, that the covenant is no bar to the action, but that the defendant must be turned to his remedy [502]upon the covenant. See 7 Harris & Johns , 92. 1 Halsted, 429. 8 Pick, 229. 6 Wendell, 471. 2 Blackf., 119.

Judgment affirmed.

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